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  1. Sorry for the delay. Thanks for your help so far. Yes, defence issued. I chucked everything at it, statue barred, dispute amount, ppi, unlawful penalty charges , I did finally receive info from dlc. - copy of the cca agreement, and statements, which all arrived after I had submitted a defence. Solicitors have since taken some interest off - original claim was for over £10k. They offered to reduce it to £7500. Then sent an additional 'without orejudice' letter saying they would settle for a Tomlinson order for £5500 I'm still disputing the amount, and inclined to proceed with defence. The original loan was only for £5k. About to send another letter refusing to accept their offer of a Tomlin order
  2. ok I thought it might be better to defend based on what information they have, rather than defend based on their inability to provide information, and have it come back again at a later date. Can they do that?
  3. So, shall I submit defence before 15th December, or allow them an additional 2 weeks to give me their paperwork? I've emailed hills den today and reminded them their 14 days is up today (Wednesday).
  4. Last payment was 1st December 2009!!! I don't know why, but he made monthly payments up to and including 1st may 2009, then the next payment was 1st December 2009
  5. He cant be sure when the last payment was, however, he is confidant it was in excess of 6 years ago. He has checked his credit file with Equifax and Experian, and there is nothing on either of those relating to this Im hoping they will send the statements and I can just use the statue barred defence
  6. Hillsden have asked for a ref number relating to the account as they are unable to find any records. I've emailed back saying I don't have one, only the ref number on the court claim The solicitors have written back allowing 28 days to submit defence and advised me to let the court know. They have asked me to confirm what paperwork we do have before they send anything. I will reply saying please just send everything, and I will forward their letter to the court
  7. Thank you I will post an update as soon as I receive anything back
  8. Also - I can confirm I have sent a CCA request to Hillesden and a CPR request to the solicitors via email. I have also acknowledged the claim
  9. Name of the Claimant ? Hills den securities ltd Date of issue – 13th November. What is the claim for – 1.By an agreement between black horse ltd and the defendant on or around 22/05/2008, black horse agreed to loan the defendant monies. The defendant did not pay the instalments as they fell due and the agreement was terminated . The agreement was assigned to the claimant on 19/10/15. 2.The claimant therefore claims 1. £6897.70. Interest pursuant to section 69. Blah blah What is the value of the claim. A shocking £9705.11 plus £410 court fee plus £100 legal costs. TOTAL £10215.11 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan When did you enter into the original agreement before or after 2007? The court forms say may 2008 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Seems to be assigned to hills den securities, but no letter received advising me that the debt had been assigned. Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Husband realised there was PPi on the loan. He applied to get the PPi back, and black horse said no. He ceased making payments because of this. In November 2014, black horse sent him s cheque for £2500 for the PPi on that loan He phoned and asked them to take the cheque amount off the balance due. They said they couldn't as the loan no longer belongs to them. What was the date of your last payment? Unsure on this date, and there are no records on his credit files, which is why he would like copies of the signed coca agreement, and statements. Was there a dispute with the original creditor that remains unresolved? No, but there was initially. Although they sent him a cheque for the PPi, they couldn't tell him how the amount was calculated. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No, the only reason he stopped paying was because of the PPi
  10. HI I am wondering if someone can help me word defence to a CCJ application that my husband has just received from black horse. I have 14 days to acknowledge and then 14 days to defend, but am struggling with the wording I want to defend on the basis that 1. Id like a copy of the CCA agreement 2. I want statements to check the balance 3. The loan is statue barred 4. There is PPI on the loan Can someone help please? Thank you
  11. I've been to court this morning. Kensington solicitor LIED!! She met me in the waiting room, and asked me to adjourn the case, and then I wouldn't need to go in and see the judge. I explained I wanted to go in and ask the judge to dismiss the case as there are no arrears. The solicitor then rang 'Martin' at Kensington, to confirm all the arrears have been paid. He said there was £669 still in arrears on the account. I asked for clarification that this was the January payment which falls due on 1st January, and becomes overdue on 31st January - Yes they are classing this as arrears Then in court the solicitor tells the judge that £669 was due 31st December. I denied that being correct Because of the conflicting information the judge explained that as a compromise, he would adjourn the case for 12 months, with instructions that the case be dismissed/struck out in 12 months if all future payments were made It's not the best result, but it's not the worst either
  12. No, they can't just take your house off you
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